Elizabeth Margaret Dallison and Max Dallison v. Sears, Roebuck and Co., a Corporation
Court of Appeals for the Tenth Circuit
1Opinion of the Court
HILL, Circuit Judge.
Appellants, Elizabeth Margaret and Max Dallison, brought this diversity action against appellee, Sears, Roebuck and Co., to recover damages for personal injuries suffered by Elizabeth as the result of the burning of a nightgown which she was wearing. The complaint alleged a breach of implied warranty in the sale of the nightgown under the provisions of the Colorado Uniform Sales Act. 1 Appellee’s defense, insofar as material to this appeal, was that the injuries sustained by Elizabeth were solely and proximately caused by her own negligence.
A jury trial resulted in a…
2Cases cited31 opinions
- Propper v. ClarkSupreme Court of the United States · 1949
- Friend v. Childs Dining Hall Co.Massachusetts Supreme Judicial Court · 1918
- MacGregor v. State Mutual Life Assurance Co.Supreme Court of the United States · 1942
- Graham v. Bottenfield's, Inc.Supreme Court of Kansas · 1954
- Sylvester Hansen v. Firestone Tire and Rubber CompanyCourt of Appeals for the Sixth Circuit · 1960
26 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Signal Oil & Gas Co. v. Universal Oil ProductsTexas Supreme Court · 1978
- Temple Hoyne Buell v. Sears, Roebuck and Co., a New York CorporationCourt of Appeals for the Tenth Circuit · 1963
- Ettin v. Ava Truck Leasing, Inc.Supreme Court of New Jersey · 1969
- Maiorino v. Weco Products Co.Supreme Court of New Jersey · 1965
- General Motors Corporation v. Dorethea M. Walden, the Surviving Spouse of Homer L. Walden, DeceasedCourt of Appeals for the Tenth Circuit · 1969
40 more not listed; retrieve them via the Exa API.